Texas Supreme Court Finds Sufficient Evidence of Negligence But Remands for New Trial in Brake-Failure Case.

August 31, 2012 in Case Summaries

Texas Supreme Court Finds Sufficient Evidence of Negligence But Remands for New Trial in Brake-Failure Case.

Jeff Levinger was retained to prepare the response brief on the merits on behalf of Talmadge Waldrip, who was catastrophically injured when a 26-foot U-Haul rental truck rolled over him after its parking brake failed.  The Supreme Court found that the evidence was sufficient to support the jury’s findings of negligence on the part of both U-Haul International and U-Haul of Texas.  Nevertheless, it remanded the case for a new trial based on the admission of evidence that other U-Haul trucks in Canada had experienced mechanical failures.  Over the dissent of Justice Lehrmann, the Court held that the evidence of the Canadian defects was not sufficiently similar to the defect in the truck at issue, and that the admission of the evidence was harmful.  U-Haul Intern. Inc. v. Waldrip, ___ S.W.3d ___, 2012 WL 3800220 (Tex. Aug. 31, 2012).

Courts:  Texas Supreme Court

Subject Matter:  Products Liability & Personal Injury